ANU Research Publications
Permanent URI for this collectionhttps://hdl.handle.net/1885/26
The Australian National University's Research Publications collection is an online location for collecting, preserving and disseminating the scholarly output of the University. This service allows members of the University to share their research with the wider community. ANU Open Research accepts journal articles, conference papers, book chapters, working or technical papers and other forms of scholarly communication.
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Recent Submissions
Item Metadata only Item Open Access Regulation of Corporate Activity in the Space Sector(Santa Clara Law School, 2022) Kamalnath, Akshaya; Sarkar, HitoishiThis article argues that commercialisation of space coupled with technological innovation call for a regulatory approach beyond (and complementary to) the treaty regime offered by international law. The rapid technological advances in the financial sector and corresponding regulatory innovations make fintech regulation a likely candidate to draw lessons from for the nascent New Space sector. The article draws from the financial technology (fintech) sector and proposes that some lessons about initial regulation via sandboxes and sandbox bridges are useful in the space sector. At the domestic level the article proposes regulatory sandboxes to enable innovation while ensuring the necessary safeguards; and at the multi-national level, it proposes cooperation between regulators in various space-faring nations along the lines of sandbox bridges used in the fintech sector. Since different states have varying levels of space sector activity, this article makes broad recommendations with pointers that identify aspects that are more suitable to certain types of jurisdictions than others.Item Embargo Judging at the Interface: Deference to State Decision-making Authority in International Adjudication(Cambridge University Press, 2021) Shirlow, EsmeItem Embargo Brenton Tarrant and Trans-Tasman Prisoner Transfers(Australian and New Zealand Society of International Law, 2020) Rothwell, DonaldItem Embargo Constitutional issues in Australia's subnational relations with China(Australian Strategic Policy Institute, 2022) Dalla-Pozza, Dominique; Rothwell, Donald; Fitzgerald, JohnItem Open Access Beyond Cybercrime: New Perspectives on Crime, Harm and Digital Technologies(Crime and Justice Research Centre, School of Justice, Faculty of Law, Queensland University of Technology, 2022) Gordon, Faith; McGovern, Alyce; Thompson, Chrissy; Wood, MarkThis special issue comprises 10 journal articles and one book review. Collectively, the contributions broaden our theoretical and conceptual understandings of the technology–harm nexus and provide criminologists with new ways of moving beyond cybercrime. The issue consists of two parts. The first part of the issue, entitled ‘Digital (in)Justices’, contains five manuscripts, each examining a particular intersection between digital technology and criminal justice agencies. The second part of the special issue—‘Rethinking the Technology–Harm Nexus’—includes five manuscripts that engage with a range of techno-social harms. The authors provide novel theoretical contributions that explore how the intersection of technology and harm can be problematised and reconceptualised.Item Embargo Australia Clarifies its South China Sea Legal Position in Responding to China(2020-08) Rothwell, Donald; Gerry, FelicityItem Embargo Privacy as Liberty and Security: Implications for the Legitimacy of Governmental Surveillance(Edinburgh University Press, 2023) Gligorijevic, Jelena; Brunon-Ernst, Anne; Gligorijevic, Jelena; Manderson, Desmond; Wrobel, ClairePrivacy is implicated whenever surveillance policies and practices are implemented. In liberal democracies, the onus rests upon those using surveillance, especially governments, to justify incursions on individual privacy. A prominent argument for justifying governmental surveillance is collective security. Security concerns about criminality have seen police use surveillance, including phone-tapping. National security concerns have seen larger-scale surveillance, including metadata collection. Medical security is a growing concern raised to support surveillance, including cellular monitoring of individuals’ movements.Item Embargo International Human Rights Law Approaches in Support of Faith-Based Conservation Movements(Routledge, 2022) Liljeblad, Jonathan; Ormsby, Alison; Awoyemi, Stephen; Borde, Radhika; Gosler, AndrewFaith-based conservation movements undertaken by local communities may seek to strengthen their efforts through appeals for international support from international law. The present analysis contributes to this area of discourse by focusing on potential legal theories that would allow faith-based conservation movements to gain support from international human rights law, with exploration of how such strategies can aid the achievement of domestic faith-based conservation agendas. The analysis identifies international human rights law enabling faith-based conservation. The analysis also demonstrates how different countries may implement the same human rights treaty in different ways.Item Embargo International Human Rights Teachers in Myanmar Universities: The Individual Constraints of Structure on Intermediaries(Routledge, Taylor & Francis Group, 2022-07-28) Liljeblad, JonathanThe literature on the transnational promotion of human rights looks to the role of intermediaries who facilitate connections between global and local discourses. Local discourses, however, may host actors and dynamics with diverse perspectives not entirely receptive to international norms, and so call for attention as to how they impact the work of intermediaries. Myanmar university human rights teachers serve an intermediary role, receiving international human rights training from international aid programs and promoting such training within their professional work environments. The actors and dynamics of their work environments constitute local discourses affecting the conduct of university teachers, and thereby influence their efforts to promote international human rights norms. The analysis draws on empirical fieldwork involving the experiences of Myanmar university human rights teachers, using their concerns to demonstrate the ways their professional environments constrain their teaching of human rights. From such findings, the analysis raises implications for theories of intermediaries and international aid policies to promote human rights norms.Item Embargo Online Harms Experienced by Children and Young People: 'Acceptable use' and Regulation(Catch22, 2021) Gordon, FaithItem Embargo Treaty Making (Makarrata) and an 'Invisible' People: Seeking a Just Peace After 'Conflict'(Palgrave Macmillan, Singapore, 2022) Wood, Asmi; Te Maihāroa, Kelli; Ligaliga, Michael; Devere, HeatherIndigenous Peoples in Australia are emerging from under the invisibility cloak of terra nullius placed upon them by English and international laws of the nineteenth century. While Anglo-Australian law has been slow in legally recognising them, starting afresh also provides an opportunity to form fair and robust agreements anew. The British, as with other colonisers, have acted in bad faith and even fraudulently with the Indigenous peoples of other lands with whom they did enter into treaties or agreements. Indigenous Peoples in Australia should ensure that they learn from the experience of such encounters and that suitable measures are put in place to avoid these and other foreseeable problems of entering into agreements with people who have shown themselves to be less than trustworthy in the past.Item Open Access Submission in Response to the United Nations Special Rapporteur on trafficking in persons, especially women and children(2021) Gordon, Faith; van Ark, Rumyana; Prabhat, DevyaniItem Open Access Submission to the Youth Violence Commission in the United Kingdom(2020) Gordon, Faith; Klose, HannahTo prevent and reduce young people’s involvement in violence, as well as the victimisation and demonisation of young people, this submission proposes that a holistic and interdisciplinary, professional public health approach be implemented into youth justice systems on a global scale (Robertson 2017). This multi-agency approach could consider and prioritise the holistic needs of children and young people to avoid further unnecessary, yet in reality, very damaging consequences of criminalisation and stigmatisation (McVie 2011). These therapeutic and more restorative responses to violence in particular, focus primarily on the wellbeing and future prospects of the child or young person, steering them away from traditional methods of punishment, including youth justice centres and juvenile prisons (Young, Greer & Church 2017). Furthermore, this submission will explore such alternatives to criminalisation and through an international comparative lens, will examine and reflect on the integration of a public health approach which has evidenced as being successful in Scotland.Item Open Access Submission in response to The Democratic Unionist Party's - Examining online harassment and cyber bullying Pre-Consultation Paper(2020) Gordon, Faith; Reilly, PaulItem Open Access Islands, Detention, and Refugee Rights in 'Crisis'(2020) Hambly, JessicaItem Open Access Response to the DFAT enquiry on Australia's Cyber and Critical Technology International Engagement Strategy(2020) Heathcote, Sarah; Shirlow, EsmeItem Open Access Submission to Review of Australia’s Bilateral Investment Treaties(2020) Aisbett, EmmaItem Embargo Voice, Treaty, Truth: Can we get to an affirmative 91.4% again?(The Law Society of New South Wales, 2022-07) Wood, Asmi